CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001410/11843
Complaint No. CIC/SG/C/2010/001410
Complainant : Mr. Irsad Ali,
C-249, Street No. 9, Main Road,
Bhajanpura, Delhi - 110 053
Respondent : Public Information Officer,
In charge Rent & Property Section,
Delhi Wakf Board,
5028, Darya Ganj,
Delhi-110006
Facts
arising from the Complaint:
The Complainant had filed an RTI application dated
02/08/2010 with the Respondent PIO asking for certain information. However, on not having
received any information within the mandated time, the Complainant filed a complaint under
Section 18 of the RTI Act before this Commission. On this basis, the Commission issued a notice
to the Respondent on 26/11/2010 with a direction to provide the information to the Complainant
and further sought an explanation for not furnishing the information within the mandated time.
The Commission has neither received a copy of the information sent to the
Complainant, nor has it received any explanation from the PIO for not supplying the
information to the Complainant. Therefore, the only presumption that can be made is that
the PIO has deliberately and without any reasonable cause refused to give information as
per the provisions of the RTI Act. Failure on the part of the PIO to respond to the
Commission’s notice shows that there is no reasonable cause for the refusal of information.
Decision:
The Complaint is allowed.
The PIO is hereby directed to provide the complete information with respect to the RTI
Application dated 02/08/2010 to the Complainant before 25h April 2011 with a copy to this
Commission.
The issue before the Commission is of not providing the requisite information by the
PIO within 30 days, as required by law.
The PIO’s action clearly amounts to denial of information without any reasons. He
PIO appears to be guilty of not furnishing information within the time specified under sub-
section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI
Act. It appears that the actions of the PIO attract the penal provisions and disciplinary
action of Section 20 (1) and (2) of the RTI Act. The PIO is hereby directed to be present
before this Commission on 28/04/2011 at 12.00 pm along with written submissions to show
cause why penalty should not be imposed and disciplinary action recommended against
him under Section 20 (1) and (2) of the RTI Act. Further, the PIO may serve this notice to
any other official (s) who are responsible for not providing the information, and may direct
them to be present before the Commission along with the PIO on the aforesaid scheduled
date and time.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
4th April 2011
(In any correspondence on this decision, mention the complete decision number.)(ANP)